2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The Defendant was introduced from Korea Savings Bank (hereinafter “Korea Savings Bank”) the employees B of Korea Savings Bank in order to obtain a loan for artificial capital necessary for the operation of a restaurant from Korea Savings Bank (hereinafter “Korea Savings Bank”).

On May 23, 2006, the Defendant entered his name and address in a credit transaction agreement and issued B with the credit limit as KRW 300,000,000,000 to Han Savings Bank, and the maturity is KRW 300,000 on May 23, 2011, and the Defendant received a general loan (hereinafter “instant loan”) with the interest rate of KRW 9% per annum and delay damages rate of KRW 23% per annum, as a supplement to the remaining parts of the credit transaction agreement.

B. The Korea Savings Bank was declared bankrupt on February 28, 2013 by Daejeon District Court 2013Hahap2, and the Plaintiff was appointed as the trustee in bankruptcy.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3 evidence, Eul evidence 1, Eul evidence 9-1, Eul evidence 9-1, witness D and E's testimony, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant was obligated to pay the above principal and interest of the loan amount of KRW 39,436,298 (= principal and interest amount of KRW 299,928,614 and delay damages amount of KRW 99,507,684) to the plaintiff, a trustee in bankruptcy of Korea Savings Bank, because the defendant borrowed the name and address of Korea Savings Bank directly or to E, and that the defendant only prepared his name and address under the credit transaction agreement and delivered it to his employee B, and therefore, the defendant cannot accept the plaintiff's claim since it did not actually receive the loan amount from Korea Savings Bank.

B. Determination 1) As long as a credit transaction agreement has been made between the Defendant and the Korea Savings Bank, the instant loan agreement is concluded. However, Article 599 of the Civil Act (Bankruptcy and the invalidation of a loan for consumption) provides for the borrower with the object of the loan.